The Florida Senate

684.24  Court proceedings upon final awards.--

(1)  Any party to an arbitration within the scope of this chapter may apply to a circuit court of this state for an order to confirm or vacate any final award or to declare that the award is not entitled to confirmation by the courts of this state. The court shall dispose of all such applications as provided in paragraphs (a)-(c) without regard to the law of the place of arbitration, the law governing the award, or whether a court of law or equity would apply the law or decisional principles applied by the arbitral tribunal or would grant the relief provided for in the award.

(a)  The court shall confirm the award without regard to the place of arbitration unless one or more of the grounds set forth in s. 684.25 is established by way of an affirmative defense. If such a defense is established and the conditions set forth in paragraph (b) are met, the court, upon application, shall vacate the award without regard to any time limit contained in paragraph (3)(b); otherwise, it shall issue an order declaring that the award is not entitled to confirmation by the courts of this state.

(b)  The court shall grant an application to vacate the award if:

1.  The applicant establishes one or more of the grounds set forth in s. 684.25; and

2.  Either the place of arbitration was in this state or the arbitration was subject to part II of this chapter.

If the applicant fails to establish one or more of the grounds set forth in s. 684.25, the court, upon application by any party, shall enter an order confirming the award.

(c)  The court shall declare that the award is not entitled to confirmation by the courts of this state if the applicant establishes one or more of the grounds set forth in s. 684.25, but the place of arbitration was outside this state and the arbitration was not subject to part II of this chapter.

(2)  In any action under subsection (1), the judgment of a court in a foreign country determining whether one or more of the grounds set forth in s. 684.25 is established shall be accorded the effect normally given the judgment of a court in a foreign country by the courts of this state.

(3)  The applications referred to in subsection (1) shall be brought within the following time limits:

(a)  An application to confirm an award shall be brought within the time provided in s. 95.051(1) for the enforcement of judgments.

(b)  An application to vacate an award or for a declaration that the award is not entitled to confirmation by the courts of this state shall be brought within 90 days of receipt of the final award by the applicant or, in the case of an application based on s. 684.25(1)(d) or (e), within 90 days of the date when the circumstances giving rise to the application were discovered or, with the exercise of due diligence, should have been discovered by the applicant.

(c)  If any party to an arbitration shall die or become incompetent, a court may extend the foregoing time limits.

(4)  In considering an application filed under subsection (1), a court may request the arbitral tribunal to clarify its award and may modify or correct the award for any evident miscalculation or mistake in the description of any person or property or for any imperfection of form not affecting the merits.

(5)  A judgment or decree of a court of this state confirming an award may, upon application, be vacated at any time on the grounds set forth in s. 684.25 (1)(d) and (e), provided the application is made within 90 days of the date when the circumstances giving rise to the application were first discovered or, with the exercise of due diligence, should have been discovered by the applicant.

(6)  If a final award has been reduced to judgment or made the subject of official action by any court, tribunal, or other governmental authority outside the United States, the courts of this state shall, except as provided in subsection (2), confirm, vacate, or declare the award not entitled to confirmation by the courts of this state without regard to any term or condition of the foreign judgment or official action and without regard to whether the award may be deemed merged into the judgment.

(7)  For purposes of this section and of s. 684.25, an arbitral award shall be deemed a final award unless:

(a)  It is expressly designated an interim or interlocutory award or by its terms is not final;

(b)  An application to vacate, clarify, correct, or amend the award is pending before the arbitral tribunal; or

(c)  Under the rules applicable to the arbitration, it is subject to further review by any arbitral authority.

For purposes of the law of this state, an award which is final as described above shall be deemed final regardless of whether judicial confirmation or other official action is necessary to render that award final within the contemplation of any foreign law which may be applicable to the arbitration.

History.--s. 1, ch. 86-266; s. 2, ch. 90-105.